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1978 Supreme(SC) 233

P.N.BHAGWATI, V.D.TULZAPURKAR
Maria Cristina De Souza Sodder – Appellant
Versus
Amria Zurana Pereira Pinto – Respondent


Judgment

TULZAPURKAR, J.:- This appeal by certificate under Art. 133 (1) (a) (b) of the Constitution, raises an interesting but complex question of law, namely, what was the law of limitation applicable in the Union Territories of Goa, Daman and Diu to proceedings launched therein prior to and pending at the date of liberation. The question arises in these circumstances.

One Melquiades Lusitano Joaquim Urbano Pereira died some time order to 1941 leaving as his heirs his widow Maria Cristina De Souza Sodder (Appellant No. 1) two sons Elasbano Pereira and Ciano Pereira (appellants Nos. 2 & 3) and two daughters Marias Zurona Pereira and Linda Pereira (Respns. Nos. 1 & 3). After the death of Melquiades his estate and property were partitioned on or about 28-1-1941 at that time respondent No. 1 was minor. On 15-3-1960, the first respondent and her husband second respondent filed a suit against the appellants and third and fourth respondents (fourth respondent being the husband of the third respondent) in the Comarca Court at Margao alleging that in the partition effected on January 28, 1941 certain items of properties had not been properly valued by the appellants as a result whereof they








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